Chandrabhan @ Sagar Panwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 2830 MP

 IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                BEFORE
                 HON'BLE SHRI JUSTICE ANIL VERMA

                   ON THE 28th OF FEBRUARY, 2022

             MISC. CRIMINAL CASE No. 3962 of 2022

 Between:-

 CHANDRABHAN @ SAGAR PANWAR S/O VIRENDRA SINGH
 PANWAR , AGED ABOUT 31 YEARS, OCCUPATION: LABOR
 VILLAGE DEVAL CHORI TEHSIL RAHATGARH (MADHYA
 PRADESH)
                                                     .....PETITIONER
 (BYMS. SONALI GUPTA, ADVOCATE )

 AND

 THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
 THROUGH POLICE STATION BHANWARKUA (MADHYA PRADESH)
                                                   .....RESPONDENTS
 (BY MS. BHARATI LAKKAD, PL )

      This application coming on for order this day, the court passed

the following:

                                ORDER

Applicant has filed this second bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 592/2021 registered at P.S - Bhanwarkua, Indore, District- Indore (M.P.) for commission of offence punishable under Sections 376 (2)(n), 313, 506 of IPC.

As per prosecution story, on 27/07/2021, prosecutrix/ complainant lodged FIR by stating that about two years back, the applicant met her first time and told her that he is unmarried and want to marry with her. Thereafter, they frequently met. On the pretext of solemnizing marriage, the applicant committed rape upon her first time on 25/04/2021, due to which, she became pregnant. When she told him about the pregnancy, the applicant gave her some tablets, due to which, she got aborted. Thereafter, the applicant refused to marry wit her and told her that he is a married person. The applicant forcefully continue physical relationship with her. Accordingly, the aforementioned offence was registered and the applicant was arrested.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. He is in jail since 15/08/2021. The prosecutrix admits that she was living in relationship with the applicant and living relationship agreement was also executed on 14/06/2021. The applicant was always taking care of the prosecutrix, but demand of the prosecutrix never came to an end, due to which, dispute arose between them, Therefore, the prosecutrix lodged false FIR against the applicant. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

To bolster her contention, learned counsel has placed reliance upon the judgment delivered by Hon'ble Supreme Court in the case of Dhruvaram Murlidhar Sonar Vs. State of Maharashtra reported in passed in Criminal Appeal no. 1441/2018 on 22/11/2018.

Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection Perused the impugned order of the trial Court as well as the case dairy.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the prosecutrix is 29 years major lady and matured lady; living relationship agreement has also been executed between them; FIR is belated and possibility of delay in conclusion of the trial cannot be ruled out as well as in view of the evidence available on record, I deem it proper to release the accused / applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C., It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Before releasing the applicant from the custody, the Jail Authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE

Digitally signed by AMOL N MAHANAG Date: 2022.03.02 10:33:57 +05'30'